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ZONING BOARD OF APPEALS OF AMESBURY v. HOUSING APPEALS COMMITTEE

SJC-10637.

457 Mass. 748 (2010)

ZONING BOARD OF APPEALS OF AMESBURY v. HOUSING APPEALS COMMITTEE & another.

Supreme Judicial Court of Massachusetts, Suffolk.

September 3, 2010.

Attorney(s) appearing for the Case

Jonathan D. Witten (Barbara M. Huggins with him) for zoning board of appeals of Amesbury.

David A. Guberman, Assistant Attorney General, for Housing Appeals Committee.

David J. Gallagher (Paul J. Haverty with him) for Attitash Views, LLC.

The following submitted briefs for amici curiae:

Jason R. Talerman & Lynnea Thody for town of Sandwich.

John Pagliaro & Martin J. Newhouse for New England Legal Foundation.

Paul D. Wilson & Benjamin B. Tymann for Massachusetts Housing Finance Agency.

Present: MARSHALL, C.J. IRELAND, SPINA, COWIN, CORDY, BOTSFORD, & GANTS, JJ.

BOTSFORD, J.

This case raises two related questions of statutory authority under the comprehensive permit act, G. L. c. 40B, §§ 20-23 (act): what is the scope of a local zoning board's authority under c. 40B, § 21 (§ 21), to impose conditions on the issuance of a comprehensive permit to construct low or moderate income housing; and what is the extent of authority vested in the Housing Appeals Committee (HAC) of the Department of Housing and Community...

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